Ex parte Hood
Supreme Court of Alabama
Original application for mandamus before the Supreme Court: In this case Thomas G. Hood and others, composing the firm of Hood, Foullcrod & Go., apply to the Supreme Court, by formal petition, for a writ of mandamus directed to the Hon. Thomas Cobbs, as chancellor, commanding him to entertain a motion made before him by the petitioners in the case of I?. Brownold et al. v. George Basse et al., and to grant said motion.
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Original application for mandamus before the Supreme Court: In this case Thomas G. Hood and others, composing the firm of Hood, Foullcrod & Go., apply to the Supreme Court, by formal petition, for a writ of mandamus directed to the Hon. Thomas Cobbs, as chancellor, commanding him to entertain a motion made before him by the petitioners in the case of I?. Brownold et al. v. George Basse et al., and to grant said motion. The case made by the petition is as follows : Hood, Foullcrod & Co. sued out a writ of attachment against George Passe, doing business as George Passe & Co., on November 39th,…
1Per curiam
An appeal from a final decree of a court of chancery, is matter of right if the party appealing gives security for the costs of appeal. An appeal taken in this mode does not operate a divestiture or suspension of the authority of the court to proceed in the execution of the decree. Whatever measures are necessary for the execution of the decree, it is the duty of the court on the application of a party in interest, to pursue, as if the appeal had not been taken. If, in this respect, it is intended to stay the authority of the court, the statutes require that bend with security, with penalty…
2Cited by19 opinions
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Ryan v. RyanSupreme Court of Alabama · 1958
- Brown v. StateSupreme Court of Alabama · 1948
- Ohio Cas. Ins. Co. v. GanttSupreme Court of Alabama · 1951
- Ex parte CuddSupreme Court of Alabama · 1916
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